CRM-M-10605-2025(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 209 CRM-M-10605-2025(O&M) Decided on:08.07.2025 Chanan Singh …...Petitioner Versus State of Punjab …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Ms. Amarjeet Kaur, Advocate for Mr. Sukhbir Maandi, Advocate for the petitioner. Mr. Neeraj Madaan, Sr. DAG, Punjab. **** SANJAY VASHISTH, J. 1. Prayer in this petition, filed under Section 482 of the BNSS, 2023, is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner (s) FIR No. Date Section(s) Police Station Chanan Singh aged about 28 years 96 13.11.2024 318(4), 305, 61(2) of BNS Chohla Sahib 2. On 25.02.2025, following order was passed:- “1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Chanan Singh aged about 28 years 96 13.11.2024 318(4), 305, 61(2) of BNS Chohla Sahib Tarn Taran RASHMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document CRM-M-10605-2025(O&M) 2 2. Learned counsel for the petitioner, inter alia, contends that two of the co-accused of the petitioner namely Harpreet Singh @ Preet and Akashdeep Singh, have already been arrested and presently are inside jail. No amount has been shown to be recovered from the possession of the already arrested accused, therefore, the allegations levelled by the complainant seems to be prima facie unbelievable. Further contends that as per the complaint, complainant acquired knowledge of withdrawal of the amount on 27.08.2024 but first time, he moved complaint on 13.11.2024, thus, there is a huge delay which enabled the complainant to concoct false version. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. 3. Notice of motion. 4. On advance notice, learned State counsel puts in appearance on behalf of the respondent - State, and seeks time to file status report. 5. Adjourned to 28.04.2025. 6. In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 7. Besides, the petitioner would submit/surrender his passport before the Arresting Officer and an undertaking on oath that in case of leaving the Country, he would seek prior permission from the Investigating Agency/concerned Court. 3. Learned counsel for the petitioner submits that, in compliance of the order dated 25.02.2025 passed by this Court, the petitioner has duly joined the investigation and has extended full cooperation. It is further submitted that custodial interrogation of the petitioner is not warranted. In view of the petitioner’s cooperation and the nature of evidence involved, it is prayed that the interim protection granted earlier be confirmed and the petition for anticipatory bail be allowed. . On the other hand, learned State counsel has filed status report by way of affidavit of Atul Soni, PPS, Deputy Superintendent of Police, Sub Division, Khadur Sahib, Campt at Goindwal Sahib, Tarn Taran in Court today. Same is taken on record. Registry is directed to tag the same at appropriate place with the paper-book. RASHMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document CRM-M-10605-2025(O&M) 3 Learned State counsel on instruction confirms the factum of joining of investigation by the petitioner and submits that as of now, custodial interrogation of the petitioner is not required. However, it is submitted that the petitioner be directed to rejoin the investigation as and when required by the Investigating Officer. It is further clarified that in the event of non-cooperation or failure to join the investigation when called upon, the petitioner shall not be entitled to claim the benefit of anticipatory bail. 5. After hearing learned counsel for the parties, and upon perusal of the allegations levelled in the FIR as well as the issues highlighted during the course of hearing, and taking into consideration the fact that the petitioner has joined the investigation and has extended full cooperation, and that custodial interrogation is not required as of now, this Court deems it appropriate to allow the present petition. Accordingly, the prayer for anticipatory bail is accepted. The interim order dated 25.02.2025 is hereby made absolute. The petition is, thus, allowed. 6. However, the petitioner shall continue to join the investigation as and when required by the Investigating Officer and shall abide by all the terms and conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023). It is further clarified that in the event the petitioner fails to join or rejoin the investigation despite service of due notice by the Investigating Officer, it shall be open to the prosecution to seek cancellation of the anticipatory bail. RASHMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document CRM-M-10605-2025(O&M) 4 Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he do not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 7. Accordingly, petition stands disposed of. (SANJAY VASHISTH) JUDGE July 08, 2025 rashmi Whether Speaking/Reasoned:YES/NO Whether Reportable: YES/NO RASHMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document